Page 96 - Leaders in Legal Business - PDF - Final 2018
P. 96
E-Discovery Consultants and
Companies
Published September 2015
Carolyn Southerland1
Consultant; Former Managing
Director, Morae Legal
More than 90 percent of today’s records are created in electronic format.2 The continuing
evolution of legal and regulatory requirements place a great responsibility — as well as a great
burden — on organizations to preserve, collect, and produce this information. Complying with
these laws and regulations is challenging in light
of the avalanche of electronic evidence,
particularly as it is created in ever more diverse
forms, whether in the cloud, on mobile devices,
or in social media.
E-discovery is more than a litigation
phenomenon; it has implications for activities
well beyond the scope of the courtroom such as
records retention, risk management, and the
archiving of information. When these processes
are poorly managed, it leads to serious
ramifications for corporations such as sanctions
for the loss of information.
Although most attorneys did not study metadata and cloud computing in law school, they
are nonetheless responsible for guiding clients through the maze of issues that e-discovery raises,
including navigating the phases of discovery and choosing the right service providers, service
models, and tools.
Managing the Life Cycle of an E-Discovery Matter
Counsel must have a complete understanding of the life cycle of an e-discovery matter.
According to the Electronic Discovery Reference Model (EDRM), a framework for the
discovery of electronically stored information (ESI), the life cycle consists of nine stages:
information management, identification, preservation, collection, processing, review, analysis,
1 Carolyn Southerland has more than 20 years of experience as a commercial litigator in one of Houston’s largest law firms. She handled
complex matters involving contract disputes, patent infringement, professional malpractice, and energy-related matters. She also has extensive
experience in representing clients in matters before a variety of regulatory agencies. In 2007, she left the practice of law to enter the world of
consulting on electronic discovery issues with Huron Legal, where she served as a managing director until 2015. She also served as managing
director at Morae Legal. She is a graduate of the University of Texas and the University of Houston Law Center. She is a frequent speaker and
author on various issues involving electronic discovery.
2 The Sedona Conference, The Sedona Principles Addressing Electronic Document Production, Second Edition (June 2007),
https://thesedonaconference.org/download-pub/81.
82
Companies
Published September 2015
Carolyn Southerland1
Consultant; Former Managing
Director, Morae Legal
More than 90 percent of today’s records are created in electronic format.2 The continuing
evolution of legal and regulatory requirements place a great responsibility — as well as a great
burden — on organizations to preserve, collect, and produce this information. Complying with
these laws and regulations is challenging in light
of the avalanche of electronic evidence,
particularly as it is created in ever more diverse
forms, whether in the cloud, on mobile devices,
or in social media.
E-discovery is more than a litigation
phenomenon; it has implications for activities
well beyond the scope of the courtroom such as
records retention, risk management, and the
archiving of information. When these processes
are poorly managed, it leads to serious
ramifications for corporations such as sanctions
for the loss of information.
Although most attorneys did not study metadata and cloud computing in law school, they
are nonetheless responsible for guiding clients through the maze of issues that e-discovery raises,
including navigating the phases of discovery and choosing the right service providers, service
models, and tools.
Managing the Life Cycle of an E-Discovery Matter
Counsel must have a complete understanding of the life cycle of an e-discovery matter.
According to the Electronic Discovery Reference Model (EDRM), a framework for the
discovery of electronically stored information (ESI), the life cycle consists of nine stages:
information management, identification, preservation, collection, processing, review, analysis,
1 Carolyn Southerland has more than 20 years of experience as a commercial litigator in one of Houston’s largest law firms. She handled
complex matters involving contract disputes, patent infringement, professional malpractice, and energy-related matters. She also has extensive
experience in representing clients in matters before a variety of regulatory agencies. In 2007, she left the practice of law to enter the world of
consulting on electronic discovery issues with Huron Legal, where she served as a managing director until 2015. She also served as managing
director at Morae Legal. She is a graduate of the University of Texas and the University of Houston Law Center. She is a frequent speaker and
author on various issues involving electronic discovery.
2 The Sedona Conference, The Sedona Principles Addressing Electronic Document Production, Second Edition (June 2007),
https://thesedonaconference.org/download-pub/81.
82
